Workmen's advocate. (New Haven, Conn.) 1883-1891, 1887-10-01
LAW AND LIBERTY.
Some Topical Citations from Celc.
bratcd Legal Authors.


The Marquis Beccaria has contended
that the power of pardon does not exist
under a perfect administration of law,
and that the admission of the power is
tacit acknowledgment of the intrmity of
the courts of justice. And where is the
administration of justice, it may be
asked, that is free from iniirmity ?-kenfS
Commentaries doth editiOn) vol. l., p 301.
NJ. de Toequevlle lin his work "De la
Democratic en- Amerique'') is of opinion
that if the free institutions of America
are to be destroyed, it VIII be owing to
the tyranny OF majoritics driving minor
tiles to desperation. And Mr.. Kent
adds: The most dangerous and tyranni-
cal of all crafts is party or political craft
When the spirit of liberty has fled,
and truth and justice are disregarded,
private rights l. e., liberty and life, can
easily be sacrificed under the forms of
law.-henfS Conn.,, vol. l., p. 6lS.
An illegal attempt to restrain mans
liberty, even under color of legal process,
is such prOvocation as to reduce the of
fence [of homicidel to manslaughter.
wharton, Latc Of Homicide in the u. s.,
p. 203.
The right of self defense is founded on
the law Of nature, and is not, nor can be,
superseded by amy law of society,"
wharton, Hom,, p. $50.
When there are two factions, (e. g., the
Orange and Roman Catholic Irish who
We're the ingredients of the riots in Phil
adelphia in lSi4,) who are in a state of
temporary collision under circumstances
OF mutual aggravation and misconcep-
ton, rs long rs each, under the influence
of heated Imagination, has reason to
apprehend injury from the other the
law takes compassion on this intirmity,
and lessons the degree of homicide to
manslaughter, provided there is no cool
ing time, and no premeditated use OF
deadly weapons. Up. 35l.) In
periods of great public excitement, when
mems minds have been 50 absorbed with
a particular topic as to be incapable of
considering anything else, it takes a
much greater period to cool after sup
posed proyocatiOn than under ordinary
circumstances. Up. 352. )-Uhdrtm'S
Laac Of HON.
As a people advances in civilization, its
law more nearly agrees with natural law.
-F0meroy on Municipal Lar, 5 II.
The notion that we may resort to the
instinct of self preservation. or to the
plea of necessity, for the source of power
unwarranted by the constitution, is in
the highest degree pernicious, leading to
anarchy, and therefore to tyranny
PomeroY on Municipal Lar, s 694, p. 403.
All persons have a right peaceabIy to
assemble for worship for political dis
cusson, or for any other purpose not in
itself unlawful, and the invasion of this
right by others is an indictable otfense.-
Robinson on Elementary Lar, s 459
The right to assemble may be import
ant for religious, social, industrial, or po-
litical purposes. Social meet
ings and industrial meetings are seldom
likely to be disturbed by the authorities,
except when they are believed to con-
template public disorder, and are in open
defiance of the law; but there must be
an ACTUAL breach of the law before they
can be intermeddled with Cooley on
Principles Of ConIt, p. 26S.
The right declared namely, to bear
arms was meant to be strong moral
check against usurpations and arbitrary
power of rulers, and as a necessary and
efficient means of regaining rights when
temporarily overturned by usurpation.-
Cooley on Court Lar, p. 270.
The right of the people to change their
institutions atwill is expressly recognized
by Federal and State constitutions, and
this implies right to criticize, discuss,
and condemn, and IA right if possible to
bring the people to the point of consent
ing to any change short Of the abolition
Of republican institutions. Cooley on
Court LaW, p. 27S. LEGALIs HOMO.